Personal Injury Law in Bismarck, ND
Exploring your legal rights is crucial after you suffer an injury. Knowing what you can do after a car accident or slip and fall is the first step to seeking justice.
Imagine having the support of a skilled attorney who knows the ins and outs of personal injury laws. They can guide you through the legal maze, handle the paperwork, and fight for compensation.
Don’t let uncertainty or the stress of legal processes add to your burden. Discover how a Bismarck-based personal injury attorney can be your ally.
What Is Personal Injury Law?
Personal injury law in Bismarck relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.
Examples of Personal Injury Claims in Bismarck, ND
Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.
A few of the most common personal injury claims are:
- Car Accidents
- Slip and Fall
- Dog Bites
- Medical Malpractice
- Workplace Accidents
- Burn Injuries
Most Common Injuries in Bismarck
One of the most common causes is motor vehicle accidents, which can range from minor fender-benders to severe collisions. Regardless, these incidents often result in significant physical and emotional trauma. The harsh weather in Bismarck, especially during winter, contributes to the accident rate.
Steps in a Personal Injury Lawsuit in Bismarck, ND
Once you determine that you wish to proceed forward with a personal injury action in North Dakota
A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations, and document production. This discovery process is lengthy and ends in either a settlement or a court appearance.
Comparative negligence is central to how North Dakota law impacts the outcome of a personal injury case. An injured party found to be partly responsible for the incident that caused their injuries may receive less compensation. For instance, if a plaintiff in Bismarck is 20% at fault, the damages they receive will drop by 20%. Furthermore, North Dakota follows a modified comparative negligence model. As a result, being more than 50% responsible means being barred from obtaining anything.
North Dakota Personal Injury Settlement
With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and the factors that impact the final amount.
In terms of the financial impact, the average cost of an indemnity claim in North Dakota in 2019 was nearly $78,946. This amount covered payments and medical expenses. Medical-only claims averaged approximately $1,514 in cities like Bismarck.
If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in ND, that means you risk not receiving any compensation at all.
Damage Awards in North Dakota
If your personal injury case goes to trial, your legal team will be prepared to request damages. In these cases, courts may award three types of compensation to cover the harm caused by the defendant’s actions.
Special compensatory damages are awarded to reimburse you for tangible losses such as lost wages, medical bills, and insurance deductibles. To claim these damages, you will need to submit receipts or other proof of the losses you’ve incurred.
General compensatory damages are more subjective and are typically awarded for pain and suffering. If you receive special compensatory damages, you may also be entitled to general damages. If the injury caused you significant pain or emotional distress, you can request that the judge order the defendant to compensate you for this suffering.
Punitive damages are the rarest form of compensation and are at the discretion of the court. These damages are typically awarded when the defendant’s actions were particularly egregious, and the resulting injury was severe.
In North Dakota, there is a cap on non-economic damages in medical malpractice cases. Currently, the maximum amount you can receive for these damages is $500,000.
Statute of Limitations in Bismarck, ND Personal Injury Law?
The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.
In North Dakota, the statute of limitations for filing a personal injury lawsuit is six years from the date of the accident or injury.
We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury.
Work With an Experienced Bismarck, ND Lawyer
Pursue a personal injury claim in Bismarck against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across North Dakota state lines.
Submit a request online or call us today at (866) 345-6784 to speak with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.